THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.28684 of 2023
ORDER:
In this Writ Petition, the petitioners had sought for issue of a Writ of Mandamus declaring the impugned Shortfall Intimation Letter in Lr.No.006237/GHMC/3106/SLP1/2023-BP dated 08.09.2023, issued by the respondents, as being illegal, arbitrary and without jurisdiction, with a consequential direction to the respondents to forthwith reconsider the building application made by the petitioners on 27.05.2023 for grant of building permission for construction of 1 Cellar + 1 Stilt + 5 Upper Floors in the land bearing Sy.No.41/12 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District.
2. Heard learned counsel for the petitioners, Sri M.A.K.Mukheed, learned Standing Counsel, appearing for respondent Nos.1 and 2; and learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.3 and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Learned counsel for the petitioners contends that the petitioners had approached the respondents-authorities and sought for sanction of a building plan by making an application on 27.05.2023 and in response to the said application, the respondents-authorities have issued Shortfall 2 Intimation Letter dated 08.09.2023 noting shortfalls which the petitioners are required to comply with.
4. Learned counsel for the petitioners would further submit that the petitioners will comply with all the other shortfalls noted in the Shortfall Intimation Letter, except the shortfall noted with regard to requirement of obtaining No Objection Certificate (NOC) from the revenue authorities; and that the said objection raised by the respondents is no longer res integra, in view of the judgment of a Division Bench of this Court in W.A.No.403 of 2022 dated 05.07.2022.
5. Learned counsel for the petitioners drawing the attention of this Court to the order dated 08.09.2023 passed in W.P.No.24978 of 2023 would submit that on the petitioners complying with the other shortfalls noted, the respondents-authorities be directed to process the application without insisting on production of NOC from the revenue authorities.
6. Learned Standing Counsel has placed before this Court the written instructions under the signature of the DCP(HO), GHMV, dated 04.10.2023.
7. By the said written instructions, while reiterating all the shortfalls noted, including the objection with regard to the intimation given by the Collector to place the land in Sy.Nos.41/12 and 13 in the prohibitory list, the respondents-authorities have also stated that there is a claim from 3 another applicant in respect of the land in Sy.No.41/11 situated at Khanamet Village, for construction of a compound wall and also there is overlapping upon the site to which the petitioners had sought for permission.
8. I have taken note of the respective contentions urged.
9. Firstly, it is to be noted that the additional points which are raised by way of written instructions do not form part of the shortfall intimation letter, since it is settled position of law that the authorities cannot supplement their reasoning by way of counters or additional counter- affidavit or their submissions and that the reasons mentioned in the order ought to speak itself, as has been held by the Hon'ble Supreme Court in Mohinder Singh Gill v/s. The Chief Election Commissioner 1, and thus, this Court is of the view that the objection now taken by the respondents in the written instructions stating that there is overlapping as there is a claim from another applicant, cannot be accepted as valid reason justifying the action of the respondents in not granting building permission, since the same was not put to the petitioners in the shortfall intimation letter.
1 (1978) 2 SCC 405 4
10. Further, this Court, in similar circumstances in W.P.No.24978 of 2023 directed the respondents-authorities to process the building permission application without reference to the NOC requiring to obtain from the revenue authorities. Since the petitioners are similarly placed and in order to maintain parity, this Court is of the view that the respondents are to be directed to process the application submitted by the petitioners subject to the petitioners complying with other objections in terms of the order in W.P.24798 of 2023 dated 08.09.2023.
11. For reasons alike as were stated in the order passed in W.P.No.24798 of 2023 dated 08.09.2023, and in terms thereof, this Writ Petition is disposed of.
12. Registry is directed to append a copy of the order in W.P.No.24978 of 2023 dated 08.09.2023 to this order.
13. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
___________________ T. VINOD KUMAR, J Date:12.10.2023 GJ 5 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.28684 of 2023 12.10.2023 GJ 6